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Baltimore

r Produced Bi-Monthly by the Bar Association of Baltimore City

November 2011

Volume I. Issue 2.


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The Baltimore Barrister

Table of Contents

Editor Carrie McMahon Freeman Chair, News Journal Committee Committee Members Master William M. Dunn Joshua H. Joseph Dean E. Merritt John H. Price, Jr. Katherine T. Sanzone, Executive Director Patricia A. DeGuilmi, Executive Assistant

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Published Bi-Monthly by the Bar Association of Baltimore City

Click on the article title to navigate directly to the page it is on. Published Bi-Monthly by the Bar Association of Baltimore City

Editorial Offices The Bar Association of Baltimore City 111 N. Calvert Street, Suite 627 Baltimore, MD 21202 410-539-5936 info@baltimorebar.org www.baltimorebar.org The Bar Association of Baltimore City Executive Council Adam Sean Cohen, President Andrew Radding, President-Elect Cynthia L. Leppert, Vice President Michael W. Reed, Treasurer Robert D. Anbinder, Secretary Alan Abramowitz Arthur S. Alperstein Hon. Kendra Y. Ausby Charles M. Blomquist Sidney A. Buther Joshua L. Caplan J. Allan Cohen Gregory P. Currey Hon. William M. Dunn Kristin P. Herber Katherine Kelly Howard Michael R. Hudak Marian C. Hwang Kelly Hughes Iverson Darren L. Kadish Hon. Joseph H.H. Kaplan Edwin L. Keating, III Gregory K. Kirby Dean E. Merritt Yoanna X. Moisides Todd M. Reinecker Brian J. Rudick Mark F. Scurti Hon. Lynn K. Stewart Avery B. Strachan Thomas J.S. Waxter, III Katherine T. Sanzone, Executive Director

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Message from the Director

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Around the Office

Holiday Recipes

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BABC Calendar

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Young Lawyers Announcement

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New Members List

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Guardianship in Maryland

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Practice & Research Tips

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Circuit Court Judges List

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The Baltimore Barrister is a bi-monthly publication of The Bar Association of Baltimore City provided to its members at no cost as part of annual dues. Non-members subscriptions are available for $50 per year. The Bar Association of Baltimore City (“BABC”) presents the information contained in the Baltimore Barrister, as a service to our members, including members of the general public. While the information is about legal issues, it is not intended as legal advice or as a substitute for your own legal research and investigation or the particularized advice of your own counsel. Further, any practice tips or summaries of cases contained herein cannot be relied upon as being controlling authority. Any opinions express herein are solely those of the authors, and are not those of BABC. Finally, the articles contained herein are copyrighted, all rights, reserved by the respective authors and/or their law firms, companies or organizations. People seeking specific legal advice or assistance should contact an attorney, either by contacting the BABC Lawyer Referral Service or another source. BABC does not guarantee the accuracy of any of the information or forms presented herein. Similarly, we provide links to other sites that we believe may be useful or informative. These links to third party sites or information are not intended as, and should not be interpreted by you as constituting or implying our endorsement, sponsorship or recommendation of the third party information, products or services found there. We do not maintain or control those sites and, accordingly, make no guarantee concerning the accuracy, reliability or currency of the information found there. Further, the contents of advertisements are the responsibility of advertisers and do not represent any recommendation or endorsement by BABC. BABC may deny publishing any submission or advertisement, in its sole and absolute discretion. For information on submissions or advertising, call or email the editorial offices at 410-539-5936/info@baltimorebar.org.

Estate Planning: The First Meeting

Member in the Spotlight: The Honorable Shirley Watts

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Important BABC Flyers

Newest Members July 1 – September 30

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BABC Announcements

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Legal Services for the Elderly

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Probate in Maryland

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Baltimore Senior Centers

Ben Martie , Esq. David B. Aldouby , Esq. Jeffrey R. Maylor , Esq. Chris Balabar, Esq. Douglas E. Nivens, II , Esq. Yedidyah Charner , Esq. C.J. Persson , Esq. Rachel Cogen , Esq. Tiffani Sterrette Collins , Esq. Julie Reamey , Esq. Katherine Ross , Esq. Marnell A. Cooper , Esq. Tremaine Q. Ross, Esq. MyEsha Craddock , Esq. April Samols , Esq. Marc J. Hassan , Esq. Michael Christopher Stone Victoria Heyliger , Esq. , Esq. Kathryn Hickey , Esq. Pamela Candice Klecan , Esq. Ann Doherty Ware , Esq. Aileen B. Xenakis , Esq. Alan C. Lazerow , Esq. Kristen Koterwas Marengo , Robert D. Yeager, Esq. Esq.

Copyright © 2011 by The Bar Association of Baltimore City.

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A Message from the Director No sign of a slow down at the Bar Association of Baltimore City! As always, Fall is a very busy season – Pro Bono Week, Supreme Court trip, Adoption Day, Past Presidents’ Luncheon, CLE’s, and planning Holiday Parties. And, in addition, the BABC is doing some serious strategic planning. In late September, the Maryland State Bar hosted its annual Conference of Bar Presidents in Lancaster, PA. I, along with President Adam Sean Cohen, and President-Elect Andy Radding, joined bar Presidents, Presidents –Elects, and Executive Directors from across the state to discuss issues relevant to bar associations. I am extremely proud to announce that at the Conference, the BABC received the MSBA’s Best Project Award for its recently published Domestic Practice Manual. Special thanks to Master William Dunn for his contributions to this project. On October 11, CLE and Events Co-Chairs Greg Kirby and Marian Hwang, joined members and guests as they packed the house at Nick’s Fish House for a delectable crab feast. It was a perfect evening – wonderful people, beautiful setting on the water, fabulous crabs and buffet, and impeccable service. And great door prizes were plentiful. Plans are already in the works for our 2012 crab feast. Early Saturday morning, October 29, the BABC’s Long Range Planning Committee, Chaired by Andy Radding, held a strategic planning session in Baltimore, facilitated by Jennifer Lewin from the American Bar Association’s Division for Bar Services. Neither rain, nor snow, kept our participants away. The result of the intense, day-long, session will be a three to five year plan that will move the Association forward. This effort would not be possible without you, the members of the BABC, who participated in our recent survey. BTW, congratulations to Christine Petersen, Daniel Jawor, and Kenneth Davies, who won gift certificates for completing our membership survey. Special thanks to Adelberg, Rudow, Dorf & Hendler, LLC, for the use of their offices for the planning session. Also on Saturday, October 29, the BABC hosted Pro Bono Day, in partnership with the Legal Aid Bureau, BABC’s Legal Services to the Elderly Program, Maryland Volunteer Lawyers Service, Pro Bono Resource Center of Maryland, and

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Kathy Sanzone

the Young Lawyers Division of the BABC and MSBA. There were over 55 volunteers providing one-on-one consultations with over 117 residents of Baltimore with over 136 difference legal issues, including family, landlord/tenant, wills and advance directives, bankruptcy, government benefits, foreclosures, and consumer issues. Thank you volunteers and thank you Pro Bono and Access to Legal Services Committee Co-Chairs Yoanna Moisides and Kristen Herber. On Wednesday, November 2, members and guests boarded a bus in the wee hours of the morning for our annual trip to Washington, D.C. for our group admission to the Supreme Court. We enjoyed an exquisite breakfast at the Supreme Court, the admission of our members moved by President Adam Sean Cohen, oral arguments, group photo session, and a tour of the Capital building, thanks to Senator Cardin. The BABC presented each of our admittees with a commemorative gift to mark the occasion. Congratulations to our newest members of the Supreme Court: Jessica Anna-Christina duHoffman; Catherine Flynn; Tessa I. Frederick; Benjamin M. Grossman; Rodney J. Gray; Emanuel M. Levin; Julie M. Reamy; Hon. Michael Wilson Reed; Sharon L. Rhodes; Joel Clifford Richmond; and Tracy Steedman! Saturday, November 19, will be a very special and joyful day, as the Bar Association of Baltimore City and the Circuit Court for Baltimore City joins hundreds of other courts across the United States in our sixth annual National Adoption Day celebration. The ceremonies will begin promptly at 10:00 a.m. in Ceremonial Courtroom 400, Clarence Mitchell Courthouse, 100 N. Calvert Street, Baltimore, MD. National Adoption Day is a collective national effort to raise awareness of the more than 110,000 children in foster care waiting to find permanent, loving families. For the last ten years, National Adoption Day has made the dreams of thousands of children come true by working with courts, judges, attorneys, adoption professionals, child welfare agencies and advocates to finalize adoptions and find permanent, loving homes for children in foster care. Since 2000, the goal of National Adoption Day has been that every community in the U.S. will have an annual, institutionalized, self-driven celebration of National Adoption Day on or near the Saturday before Thanksgiving, which can include finalizing adoptions of children from foster

care and celebrating all adoptions. Erika Daneman Slater, our force behind this effort every year (Erika received the BABC’s Presidential Award in 2011 for her dedication to this project) welcomes all to join us in our celebration on November 19! Three days later, on November 22, the BABC will hold its 17th Annual Past Presidents’ Luncheon . This event, sponsored by the Past Presidents’ Committee Chaired by Immediate Past President Hon. Lynn K. Stewart, will be held at the Tremont Grand beginning at 11:30 a.m. Always held the Tuesday before Thanksgiving, this event gives the BABC an opportunity to give thanks to its members for its service to the bar and the public and to recognize the newest members of the judiciary, as well as those who recently retired. We are proud to announce that this year Mary Cina Chalawsky, Esq., and Hope Tipton, Esq., are the recipients of the 2011 Presidential Awards. Margaret Ann Mead, Esq., will receive the Margaret Brent-Juanita Jackson Mitchell award, and Paul Mark Sandler, Esq., will receive the Charles H. Dorsey Mentor Award. The Association will also take this opportunity to recognize those Baltimore City Judges who were appointed to the Bench, or who retired, during the past year. This year, we will recognize the following judges for their recent judicial appointments: The Honorable Ellen Lipton Hollander, United States District Court for the District of Maryland; The Honorable Shirley M. Watts, Court of Special Appeals of Maryland; The Honorable Jeannie J. Hong, Circuit Court for Baltimore City; and The Honorable Michael W. Reed, Circuit Court for Baltimore City. The members of the Bench who retired this past year, and who will be recognized, are: The Honorable Theodore B. Oshrine, District Court of Maryland for Baltimore City; and The Honorable Nancy B. Shuger, District Court of Maryland for Baltimore City. Be sure to register early. The luncheon is always a sell-out. On November 29, join us for our CLE presentation, “Everything You Need to Know about Representing DUI Clients in Maryland Courts and Before the Office of Administrative Hearings. The program will be held in Room 504 Clarence Mitchell Courthouse, beginning with continental breakfast and registration at 8:00 a.m., followed by the program from 8:30 a.m. to 12:00 noon. Presenters are: Arthur S. Alperstein, Esquire, Alperstein & Diener, P.A.; The Honorable J. Bernard McClellan, Executive Administrative Law Judge, Office of Administrative Hearings; The Honorable Joan Bossmann Gordon, District Court of Maryland for Baltimore City; John “Jack” Mitchell, Esquire, Assistant State’s Attorney for Baltimore City; and Detective Patty Silver Bauer, Baltimore Police Department Crash Team. Cost to attend is: $30 for BABC mem-

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bers; $15 for YLD Members; and $60 for non-BABC members. The Young Lawyers’ Division, Chaired by Jason Wasserman, has its plate full as well, participating in the Jingle Bell Run/ Walk to benefit the Arthritis Foundation, and planning its annual holiday party for children living in shelters, as well as its holiday party for “all” members of the Bar. The Jingle Bell Run/Walk will be held on December 11. You can sign up via the BABC’s website at www.baltimorebar.org. Be sure to mark your calendars for Thursday, December 8, for this year’s holiday party sponsored by the YLD. The party will be held at Silo Point Penthouse with its beautiful view of the harbor. More details will be coming soon. The YLD will host its annual Holiday Party for Homeless Children on Tuesday, December 13, 2011, at the Maryland Science Center from 5:00 – 9:30 p.m. You can help make the holidays brighter for Baltimore’s children by contributing to the party that brings many homeless children and their parents to the Maryland Science Center for entertainment, a hot meal, a visit with Santa, and holiday gifts. Please send your contribution by December 8, 2011, payable to The Baltimore Bar Foundation, 111 N. Calvert Street, Suite 627, Baltimore, MD 21202. Your support is greatly appreciated! A few reminders -- Baltimore City attorneys who have completed the application for their Courthouse ID badge through the MSBA, can now pick up their badges at BABC headquarters, 111 N. Calvert Street (Courthouse East), Suite 627, on Tuesday and Wednesday from 10:00 a.m. – 2:00 p.m., or by appointment. You will be notified by the State Bar when your card is ready at the BABC Offices. Also, the Baltimore Bar Foundation is accepting grant applications from non-profit programs and organizations that have a significant relation to the Baltimore City community, for law related programs. The deadline for applications is November 30, 2011. Applications are available online at www.baltimorebar.org, or by emailing info@baltimorebar.org. The staff of mi, Ernestine man, Jackie you a very

the BABC (Kathy Sanzone, Patty DeGuilDock, Joy Siegel, Alicia Gipe, Ben GrossJones, and Ranjit Doraiswamy) wish happy, healthy, and safe holiday season!

Reach Kathy at ksanzone@baltimorebar.org

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HOLIDAY RECIPES

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APPLE CRUMB PIE

INGREDIENTS:

- Carrie M. Freeman, Editor in Chief of the Baltimore Barrister

INSTRUCTIONS: Preheat the oven to 350 degrees. Put the pie crust in the oven for approximately 10 minutes until it begins to brown. Then remove pie crust from oven. Peel apples and slice into 8-10 pieces, removing all apple cores. Mix ½ cup of sugar, vanilla extract, and cinnamon with apples. Place apple mixture into the pie crust. Then take 1 cup of sugar and 1 cup of flour and mix in a bowl. Add the softened butter to flour and sugar mixture. Mix with a pastry knife until the mixture forms loose crumbles. Pour crumbles over apple mixture until apple mixture is completely covered. Place in oven for 35-45 minutes until the top of the pie starts to brown.

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INSTRUCTIONS: POPPY’S OLD TIME Preheat the oven to 300 deSTUFFING grees. Chop the onion and celery into small pieces. Saute the onion and celery in butter INGREDIENTS: until soft. Combine the onion 2 Loaves of White Bread and celery mixture together cubed with the other ingredients 1 Tsp of Salt except the eggs and chicken 2 Tsp Mustard or turkey broth. Right before 2 Tsp Poultry Seasoning the stuffing is put into the 1 Tsp of Garlic Powder oven, add the eggs and incor1 Tsp Celery Salt porate them into the mixture. 2 Tbsp Minced Onion Then add the chicken or tur½ Cup of Parsley Flakes key broth as needed until 1 Tsp Black Pepper the stuffing is moist. If you 4 Eggs are not stuffing your turkey Chicken or Turkey Broth with the stuffing, cook the 3 White Onions stuffing in the oven for 30-45 4 Stems of Celery minutes. The top of the stuff2 Tbsp Butter ing should be golden brown.

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Advertise in the Baltimore Barrister Advertise your services, your office announcements, your events in The Baltimore Barrister. Selling a car, office furnishing, etc.? We accept classified advertising as well.

The following rates are per issue: Display Ads ½ page $300 ¼ page $175 1/8 page $100 Classified Ads $5 per line

Young Lawyers’ Division News Matthew J. Youssef, Communications Committee Chair

1 Store Bought Pie Crust 5 Large Apples 1 ½ Cups of Sugar 1 Cup of Flour 3 Tbsp of Cinnamon 4 Tbsp of Softened Butter 1 Tsp of Vanilla Extract As the holiday season approaches, I thought I would share some of my own family’s recipes with the membership. Enjoy!

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Display Ads must be formatted as high-resolution. Full color or black and white accepted. To ensure the best reproduction quality, electronic Ad submissions are preferred. Email Ads to ksanzone@baltimorebar.org.

In order to better foster communications with Bar Association members, young lawyers, other professional organizations and the Baltimore City community as a whole, the Young Lawyers’ Division Chair, Jason Wasserman, reinstated the Young Lawyers’ Division’s Communications Committee. Our goal is to promote the activities and events we host, sponsor and support. As the Chair of the Communications Committee, I want to update you on what the YLD has done, or will be doing, this year to create opportunities for young lawyers throughout Baltimore to get involved with their professional community. I also want to invite feedback on how do we, as a committee, best reach young lawyers? For instance, do you know that the YLD sponsors and organizes events several times a month focusing on professional development? The YLD’s “Breakfast with the Bench” series has already started, the latest breakfast was on October 6th and featured The Honorable Pamela White with her presentation titled, “Practical, Mundane - and Effective- Planning for Civil Trials In Circuit Court: Judge Pam White’s 20 Favorite Tips in 30 minutes.” The next Breakfast with the Bench is with the Honorable Stephen Sfekas who will be discussing Child Welfare in the Juvenile Court System. All the breakfasts in this series are free to BABC members, and are held at 8:00am at various locations downtown. If you have topics you would like to hear about, let us know! The Public Service Committee has already begun planning the Annual Holiday Party for Children Living in Shelters, and they are always looking for new projects to get involved with. Our Membership Committee held our first networking event October 6th at Little Havana, raffling off a gift certificate with the proceeds going to Autism Speaks. The Public Education Committee will be channeling CSI later this month by working with students from Highlandtown Middle School to investigate a recreated crime scene based on the facts in People v. Woodson. Later this spring they will use that investigation to hold a mock trial with the students. In addition to the Highlandtown Middle School collaboration, this winter, they are working with the Baltimore Urban Debate League to judge middle and high school debates. Interested? Let us know!

a Linkedin Group and a Twitter (#BABCYLD) account. I strongly encourage everyone to “Like,” “Join” and “Follow” all of these. Our goal this year is not only to communicate YLD events better and faster, but to increase the conversation. If you see events you plan to attend let us and all your friends know. If you have events you want to see happen, let us know. If you had fun at an event or took pictures at an event, share them with us and the entire YLD Community. Throughout the remainder of this year we hope to use this regular column to share with you what we as the YLD are doing for you. I would also like to take this opportunity to invite all of you, as members of the YLD, to submit substantive articles for publication. For those interested in serving on this committee to review submitted articles, help ensure our column is timely and relevant, and continues to develop better ways of reaching out to the entire community. Please feel free to contact me at myoussef@alexander-cleaver.com. The YLD has many ways to get involved and I hope everyone will consider working with one of the following committees: Continuing Legal Education, Events, Membership, Policy & Planning, Public Education and Public Service. People can get involved in one event or take a larger leadership role. The YLD is an opportunity for you to get involved in an organization that understands your time constraints, working within them to provide a support network of information and friendship. This column, our Facebook page, Linkedin group and Twitter account are all aimed at supporting and communicating with you. Most importantly, communication is a two-way street. If you have information you want shared with the rest of the YLD’s, a project you want to do, or an aspect of the law you want to learn more about, please let me know by sending me an email at myoussef@alexander-cleaver.com.

This year, in order to make sure as many people know about these events and to take advantage the multitude of ways we can communicate, YLD has created a Facebook Page,

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A BRIEF OVERVIEW OF MARYLAND GUARDIANSHIP LAW Ellen A. Callegary, Esquire, What is adult guardianship?

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Guardianship is a legal proceeding in which a petitioner (usually a family member or friend) asks the court to find that a person is unable to manage her own affairs effectively because of a disability. The court then appoints someone to act for that person and make decisions affecting her person, her property, or both. What are the different kinds of guardianship?

In general, the laws regarding guardianship of the person state that a guardian should be appointed only if there is no less restrictive alternative. In many cases, guardianship is absolutely necessary to protect the person from harm and to administer property that is in the person’s name. However, it should be done only after other solutions have been considered.

The court may either appoint a guardian of the person, a guardian of the property, or both. One person can serve as both guardian of the person and guardian of the property, or different people can take each role. Additionally, in emergency cases, or in cases where an individual has no family member or friend to serve as guardian, a court may appoint a public guardian. In this situation, the court will appoint a public official or a publicly funded organization, such as a local Area Agency on Aging or the Maryland Department of Social Services, to serve as legal guardian in the absence of a willing and responsible family member or in the absence of resources to employ a private guardian.

What is competency or capacity to make decisions?

In general, a guardian of the person makes decisions about a person’s medical care, housing, food, clothing, and other subjects that affect the person. In contrast, a guardian of the property typically makes decisions about a person’s money, income, property of any kind, stocks and bonds, and other financial matters.

Individuals who are 18 years of age and older have the right to make informed decisions about how they live their lives and to control their own medical treatment. In order to make these decisions, a person must be “competent” or have the “capacity” to understand the consequences of these decisions. These two terms are used interchangeably in the law. Unfortunately, some individuals may have mental illnesses or cognitive impairments that, at times, impair their ability to make informed choices about important issues such as how to manage money or choose a home. ELLEN A. CALLEGARY, JD, CONSENT AND COMPETENCY 7 (Patricia Brierley-Bowers, ed. (2005)) Determining competency is important because the degree to which an individual is capable of making an informed decision relates to which decisions he or she can make. Outside the context of health care decision-making and court-ordered guardianship, a formal determination of competency is not necessary. However, if a person is showing signs of confusion or forgetfulness, she should be evaluated by a health care provider for appropriate treatment.

Under Maryland law, the appointment of a guardian “does not modify any civil right of the disabled person unless the court orders, including any civil service ranking, appointment, and rights relating to licensure, permit, privilege, or benefit under any law.” MD. CODE Mental capacity is a fluid concept that changes according to the circumstances of the individual and the deciANN., Estates and Trusts § 13-706(b)(2) sion to be made. One’s capacity to make a decision may depend on the complexity of that decision; the decisionWhy avoid guardianship? making strengths of the person (which may fluctuate 8

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over time); surrounding events; and the person’s ability or benefits which require proper management.” MD. to communicate with those determining capacity. CODE ANN., Estates and Trusts § 13-201(c) In another section of the law relating to medical deciThere is no bright line rule dividing those who have ca- sion-making, a competent person is defined as: “a perpacity to make decisions and those who do not. A per- son who is at least 18 years of age or who . . . has the son can be competent to make some decisions, but not same capacity as an adult to consent to medical treatothers. ment and who has not been determined to be incapable of making an informed decision.” MD. CODE ANN., For example, a person may be able to express her opin- Health General § 5-601(f). Additionally, this section ion about whom she trusts to handle money, but not be defines the phrase “incapable of making an informed able to fill out an income tax form. She may be able to decision” as “the inability of an individual to make an decide to get a flu shot, but not decide which treatment informed decision about the provision, withholding is best for her breast cancer. or withdrawal of a certain medical treatment because the individual is unable to comprehend the nature or A diagnosis of mental illness or mental disorder does probable consequences of that treatment.” MD. CODE not automatically mean that the person lacks the capac- ANN., Health General § 5-601(m)(1) ity to make all decisions. Because each person is dif- What proof of incompetency does guardianship law referent and each illness is different, capacity will differ quire? in each case and must be determined individually by Maryland guardianship law requires that two “cerlooking at evidence (or lack thereof) of the person’s de- tificates of competency” be filed with the petition for cision-making abilities. guardianship of an alleged disabled person. These certificates must be completed by the following health care Regarding appointment of a guardian of the person, the providers: law states: • Two licensed physicians who have examined the dis“A guardian of the person shall be appointed if the court abled person; or determines from clear and convincing evidence that a person lacks sufficient understanding or capacity to • One licensed physician who has examined the dismake or communicate responsible decisions concern- abled person and one licensed psychologist or licensed ing his person, including provisions for health care, certified social worker-clinical who has evaluated the food, clothing, or shelter, because of any mental dis- disabled person. MD. CODE ANN., Estates and Trusts ability, disease, habitual drunkenness, or addiction to § 13-705(c)(2) drugs, and that no less restrictive form of intervention The certificates must verify that the person is unable is available which is consistent with the person’s welfare to make or communicate responsible decisions about and safety.” MD. CODE ANN., Estates and Trusts § 13- her person or property. They must also list the person’s 705(b) physical and mental diagnosis, the prognosis for recovery from these conditions and other details of the Regarding appointment of a guardian of the property, person’s condition. Additionally, at least one of the certhe law states: tifying health care professionals must have examined “A guardian shall be appointed if the court determines the person within 21 days before the petition is filed in that (1) the person is unable to manage his property and court. Maryland Rule 10-202 affairs effectively because of physical or mental disability, disease, habitual drunkenness, addiction to drugs, Who will file the petition? imprisonment, compulsory hospitalization, confine- The petition can be filed by any interested person. Petiment, detention by a foreign power, or disappearance, tions for the appointment of a guardian of the person and (2) the person has or may be entitled to property and guardian of the property can be found by clicking the barrister

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this link: Petition Form Maryland law requires the court to appoint an attorney to represent an alleged disabled person who is not already represented by her own attorney at the guardianship hearing. MD. CODE ANN., Estates and Trusts § 13-705(d).

• A list of (a) the name, age, sex, and address of the alleged person with a disability, (b) the name and address of the persons with whom the person with a disability resides, and (c) if the person with a disability resides with the petitioner, the name and address of another person on whom service can be made;

What does the petition contain? The petition contains all of the basic facts about the situation. The following is a list of the required contents of the petition for guardianship of the person:

• The name, address, telephone number, and nature of interest of all other interested persons and all other persons exercising control of the alleged person with a disability, to the extent known or reasonably ascertainable;

• The petitioner’s name, address, age, and telephone number;

• If the alleged person with a disability is represented by an attorney, the name and address of the attorney;

• The petitioner’s family or other relationship to the alleged person with a disability;

• A statement that physicians’ certificates are attached, or if not, why not;

• A brief description of the disability and how it affects the person’s ability to function;

• If the petition also seeks a guardianship of the property, the additional information regarding the property the person owns or to which the person is entitled;

• The reasons why the court should appoint a guardian of the person and, if the subject of the petition is a person with a disability, allegations demonstrating an inability of that person to make or communicate responsible decisions concerning her person, including provisions for health care, food, clothing, or shelter, because of a disability or disease and a description of less restrictive alternatives that have been attempted and have failed; • An identification of any instrument nominating a guardian or constituting a durable power of attorney, with a copy attached to the petition, if possible, and, if not, an explanation of its absence; • If a guardian has been appointed for the alleged person with a disability in another proceeding, the name and address of the guardian and the court that appointed the guardian. If a guardianship proceeding was previously filed in any other court, the name and address of the court, the case number, if known, and whether the proceeding is still pending in that court; 10

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• A statement of the relief sought. Maryland Rule 10102(c) What else is filed with the petition? In addition to the contents above, the law states that the guardianship petition must also include two certificates of competency. (discussed above). Will there be a hearing? In all guardianship cases there will be a hearing before a judge on the facts presented in the petition. The petitioner has the burden of proof and must present clear and convincing evidence of the need for guardianship of the person. In a guardianship of the person case, the petitioner must prove: • that the person lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his or her person, including provision of health care, food, clothing or shelter; • that this lack of capacity is caused by mental disability,

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disease, or addiction to drugs; and

appropriate by the court.

• that no less restrictive form of intervention is available that is consistent with the person’s welfare and safety. MD. CODE ANN., Estates and Trusts §13-705(b)

10. For adults less than 65 years old, the director of the local Department of Social Services or, for adults 65 years old or older, the Secretary of Aging or the director of the Area Agency on Aging, except in those cases where the Department of Social Services has been appointed guardian of the person prior to age 65. The Secretary of Aging may delegate responsibilities of guardianship to staff persons whose names and positions have been registered with the court. (The court must select the best-qualified person among those of equal priority but may disregard priority for good cause.)

Additionally, the petitioner must also present evidence that the proposed guardian is fit and proper to be appointed, is capable of carrying out the responsibilities of a guardian, and that no one of higher priority is available. MD. CODE ANN., Estates and Trusts §13-707 et seq. Who may be appointed guardian of the person? The guardianship law lists potential guardians in order of preference. The court will appoint a guardian of the person in this order of preference: 1. A person, agency or corporation designated in writing by the person when he or she was at least 16 years of age and had the mental capacity at the time of the designation to make an intelligent choice at the time the person with a disability executed the designation. 2. A health care agent appointed by the person with a disability in accordance with the Health Care Decisions Act. 3. The person’s spouse. 4. The person’s parents. 5. A person, agency, or corporation nominated by the will of a deceased parent of the person. 6. The person’s children. 7. Adult persons who would be the person with a disability’s heirs if the person with a disability were dead.

What are the powers and duties of a guardian of the person? A court order appointing a guardian of the person must list the powers and duties given to the guardian. The law states that the court may grant to the guardian only those powers necessary to provide for the demonstrated need of the person with a disability. MD. CODE ANN., Estates and Trusts § 13-708(a) (1) For example, the court can appoint a guardian of the person to make a single decision, such as authorizing a medical procedure or a specified change in residence, or the court may decide upon a full guardianship, authorizing the guardian to manage most aspects of an individual’s life. Life Threatening Medical Treatment The court must authorize the guardian’s decision to consent to medical treatment that poses a substantial risk to the life of the person with the disability. MD. CODE ANN., Estates and Trusts § 13-708(c)(1) and (2)

8. A person, agency, or corporation nominated by a person caring for the person with a disability. 9. Any other person, corporation or agency considered the barrister

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er (or others) as Tenants-in-Common. A Tenants-inCommon interest is an interest in property that does not include rights of survivorship, and, therefore, the decedent’s fractional interest is considered the decedent’s separate property, subject to inheritance laws.

Estate Planning: Preparing the Client for an Effective First Meeting Cathleen C. Opel, Esquire, Saul Ewing, LLP

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I recently met with a middle-aged married couple who managed to avoid the conflict often associated with choosing a guardian for their minor children they simply never created an estate plan. Fortunately for them, their lack of planning did not result in disaster for their family; their children are now adults with children of their own. Nonetheless, this couple was very anxious to put an estate plan into effect because they had heard that if they died without a Will, all of their assets would pass to the “State.” On another occasion, I met with a client who wanted to create a revocable trust (also referred to as a “Living Trust”) because he had heard that it was a way to avoid “creditors and death taxes.” These are just two examples of the misconceptions that a client may have concerning estate planning. It has been my experience that a “good” client is an educated client. For that reason, prior to my initial meeting with a client, I send my clients an estate planning information sheet along with an initial questionnaire. While the initial questionnaire summarizes for me the information that I will need to formulate my recom-

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mendations, the information sheet helps the client to bring into focus his or her (or, if married, their) estate planning objectives with respect to the foundation documents of a good estate plan – a Will, Durable General Power of Attorney, and Advance Medical Directive. Although a pour-over Will combined with a Living Trust is an alternative to using a Will as the primary vehicle for the disposition of assets, for purposes of this article, the primary vehicle is a Will. The following is an excerpt from the information sheet sent to a married couple with minor children. Estate Planning – Married with Children: 1.

Will:

How Assets Pass at Death. A Will controls only those assets which are includible in a decedent’s “probate” estate. Generally, the probate estate consists of (1) assets that are in the decedent’s name only, (2) assets that are payable to the decedent’s estate (e.g., a beneficiary designation that names the decedent’s “estate”), or (3) a fractional interest owned by the decedent and anoth-

A Will does not control those assets which pass outside the decedent’s probate estate. Non-probate assets include assets which (1) pass by beneficiary designation to a named individual or individuals (e.g., life insurance policies, 401(k) plans, and individual retirement accounts), (2) pass by title to the surviving owner or owners (e.g., Tenants by the Entireties (between a husband and wife) or Joint Tenancy with rights of survivorship), or (3) “pay on death” or “transfer on death” to a named individual or individuals in accordance with an account agreement. Objectives: who do you want to inherit, and when? Often, spouses will bequest everything to each other ("Sweetheart" Wills). It is quite possible, however, that there might not be a probate estate at the first spouse’s death. As noted above, the Will only controls those assets which are includible in a decedent’s probate estate. If the decedent and the surviving spouse owned all of their assets jointly, or even most of their assets jointly, with the balance passing to the surviving spouse by beneficiary designation, then there would be no probate estate at the first spouse’s death. But what happens if there were a simultaneous death, or at the surviving spouse’s death? Trusts for Children. In the event of a simultaneous death, or at the surviving spouse’s death, if you want everything to go to your children, then you will want to consider the manner and timing of the distribution of your assets to your children. If your children are minors (under age 18 in Maryland), assets should be held in a trust for the minor’s benefit. That being said, trusts are often advisable for adult children, as well. After all, a child’s financial maturity may occur long after the child is legally an adult. There are also asset protection reasons for considering a trust for adult children. If you create a trust for your children, you will need

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to name a Trustee. A Trustee is the person who will oversee your children's finances. The Trustee can be the same person as the guardian; this can simplify things and give the guardian access to money when needed without having to check in with someone else. After all, the guardian is aware of the children's day to day needs and expenses. Or, you may choose to separate the responsibilities. Your choice of Trustee may be based on his or her financial acumen, while your choice of guardian may be based on "warm and fuzzy" matters. You must also consider the type of trust you want for your children. For example, you may want to use a "pot" trust, from which all of your children's needs are taken care of from one trust until the youngest child attains a certain age (say, age 25), at which time the trust is divided into equal shares and either distributed outright to the child or further held in trust for that child’s benefit until he or she attains a certain age (or at staggered ages). The pot trust is frequently used where there is a significant age gap among children. Or, at the surviving spouse’s death, you may prefer to have the assets divided equally among your children and set apart and held in individual trusts for each child, with each child’s specific needs taken care of from his or her trust. Choosing a Guardian(s) for Your Minor Children. You may want to consider the following factors when choosing a guardian for your minor children: * Consider whose parenting style, values, and religious beliefs most mirror your own. * Who is most able to take on the responsibility of caring for a child - emotionally, financially, physically, etc.? * Does the person you are considering have a similar standard of living, and would he or she have the same goals for your child as you would? Remember, you can always provide guidance to your guardian the barrister

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in a separate letter or video. * Consider the living arrangements of the guardians; will you be comfortable with your child living in that particular environment? * Does the person you're considering have other children? If so, would your children fit in to the family? * Does the person have enough time and energy to devote to your children?

Often, spouses will name each other as Agent, but you should also consider naming an alternate Agent. Any competent person age 18 or older may serve as an Agent. You may name multiple Agents, acting jointly. An Agent should be chosen for reliability and trustworthiness, as this is a very powerful document, and is effective upon signing. 3. Advance Medical Directive: An Advance Medical Directive allows you to appoint an Agent to make health care decisions on your behalf if you are unable to make those decisions yourself because of an incapacity. It also serves as a written expression of your wishes regarding whether you want to receive “life-sustaining” procedures, such as nutrition and hydration artificially, under certain terminal conditions.

* If choosing a married couple, consider whether you want to choose the “couple” (both, or the survivor of them), or whether you only want them as guardians if they are married to each other at that time, or whether you only want one of them (most likely your blood relation), regardless of that person's marital status to 4. Beneficiary Designations: Assets that pass by beneficiary designation (other the other. than to the “estate”) are not included in the probate Don't forget that the decisions you make today can be estate, and therefore are not controlled by your Will. changed as circumstances change. The rule of thumb For that reason, you may want to consider naming the is to review your Will every three - five years. Choose “Trustee of the trust” created under your Will as the someone who fits your guardianship needs for now and contingent beneficiary. This way, in the event of a sithe near future (3-5 years). You can make changes later, multaneous death, or at the surviving spouse’s death, the proceeds will be distributed to the Trustee(s) if necessary. named in your Will, who will dispose of those assets Choosing a Personal Representative. A Personal under the terms of the trust created by your Will. This Representative makes certain that appropriate debts are is particularly important where assets are payable to paid, assets are protected, and ensures the proper dis- a minor beneficiary, because otherwise, it will require tribution of assets in accordance with your Will. Often, court intervention to appoint a guardian for the propspouses choose each other to be Personal Representa- erty of the minor child. tives. You should also consider naming an alternate Personal Representative in the event of a simultaneous death or at the surviving spouse’s death. 2.

Power of Attorney: In a financial Durable General Power of Attorney, you designate an “Agent” to manage the many practical, financial tasks that would arise if you were to become incapacitated. For example, bills must be paid, bank deposits must be made, and someone must handle insurance and benefits paperwork. Many other matters may need attention as well, from handling property repairs to managing investments or a small business. 14

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Member in the Spotlight Master Dunn

Judge Shirley Watts is the newest member of the Maryland Court of Special Appeals, representing Baltimore City. She began her career with the State’s Attorneys Office, and then she spent nine years in the Office of the Federal Public Defender for the District of Maryland. Judge Watts began her judicial career in 1997 when she accepted an appointment to serve as Chief Administrative Law Judge for the Office of Hearings and Administrative Appeals in Maryland, until she was appointed to the Circuit Court for Baltimore City in 2002. Last year, Judge Watts was appointed to the Maryland Court of Special Appeals by Governor O’Malley.

Hometown: Baltimore, Maryland

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Why I Love BABC

BABC in Snapshots 2011 Crabfeast

If you would like to share your answer and a hi-res picture, please send to Dean.Merritt@LexisNexis.com.

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YLD Annual Christmas Party

Living Legal Legends

BABC wins MSBA Best Project 2011

The YLD Annual Holiday Party for Homeless Children brings joy to many children and their caregivers thanks to Santa and his helpers

On July 27, 2011, the Bar Association of Baltimore City unveiled the plaque memorializing the BABC’s Living Legal Legends. The plaque is located on the 4th Floor of The Clarence Mitchell Courthouse, opposite Ceremonial Courtroom 400. Pictured are the following Legal Legends: The Honorable Joseph H.H. Kaplan; The Honorable Robert M. Bell; The Honorable George L. Russell, Jr.; and Melvin J. Sykes, Esquire.

On September 23, 2011, the Bar Association of Baltimore City (BABC) received a Best Project Award for its Domestic Practice Manual. Best Project Awards are presented annually by the Maryland State Bar at its annual Conference of Bar Presidents, attended by Presidents, Presidents Elect, and Executive Directors across the state. Master William M. Dunn, who worked tirelessly on this BABC project, accepts the award on half of the BABC from Greg Kirby, a member of the MSBA’s Local and Specialty Bar Liaison Committee.

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Legal Services to the Elderly Benjamin Grossman, Esquire Director, Legal Services to the Elderly

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The Bar Association of Baltimore City (BABC) is well known for producing significant charitable work ranging from its annual Adoption Day, Pro Bono Day, and holiday party for homeless children. The Bar Association of Baltimore City, also, is the primary provider of pro bono legal representation to senior citizens in the City of Baltimore through its Legal Services to the Elderly Program (LSEP). LSEP is funded by grants from the Baltimore City Department of Health: CARE Services and from the Maryland Legal Services Corporation. The program will soon be expanding thanks to a new grant provided by the Harry and Jeanette Weinberg Foundation. Indigent seniors throughout Baltimore City rely on the services offered by Bar Association volunteers and staff attorneys. This year the Bar Association of Baltimore City is marking the 20th Anniversary of the Legal Services to the Elderly Program. Since its inception in October 1991, LSEP has provided legal representation and legal advice to over 22,000 Baltimore City seniors. Moreover at least 10,000 more seniors have attended educational sessions put on by LSEP throughout the city to provide seniors with the knowledge and tools necessary to understand their legal rights. During that time period hundreds of attorneys have volunteered their time to make the difference in the lives of Baltimore seniors. LSEP focuses on helping seniors to avoid abuse and exploitation. To that end, LSEP helps seniors resolve issues with creditors, including protecting them from improper collection and providing representation in bankruptcy. LSEP helps seniors plan for disability through preparation of powers of attorney, wills, and advanced medical directives. LSEP also handles guardianships for seniors with family members that are no longer able to provide for their own needs. LSEP assists seniors with landlord-tenant

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disputes where seniors face inadequate living conditions or are facing eviction. Finally, LSEP helps seniors obtain protective and peace orders in cases of domestic violence. The numerous attorneys who volunteer their time and efforts to LSEP are the critical backbone that allows this program to do the necessary work of providing legal representation to Baltimore Seniors. The dedicated volunteers who take pro bono cases include many experienced litigators and practitioner as well as attorneys recently admitted to the bar. They come from a large variety of practice settings including partners at large firms to small and solo practices. The unifying factor among the volunteers is their commitment to making a difference in the lives of others and assisting older adults maintain their independence and dignity. The need for legal services for Baltimore City seniors is only going to continue to increase. According to the US Census in 2010 there were approximately 108,000 individuals 60 years and older in Baltimore City. According to the same figures the population of individuals 60 years and older living in Baltimore City is expected to rise to 130,000 by 2030. In a city with a population of 651,000 nearly 17% of the population is currently 60 years of age or older. One of the major barriers to obtaining legal services for indigent Baltimore City seniors is the concentration of legal services in the downtown business district of the city. Many seniors are unable to obtain reliable transportation or find the prospect of traveling downtown too daunting of a task. In 2009, Legal Services to the Elderly began holding client interviews and consultations at the Oliver Senior Center located on Gay Street just south of North Avenue. The program was an immediate and overwhelming suc-

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cess. Week after week numerous seniors met with an attorney to plan for possible disability and to plan their estates. As a result, wills, powers of attorney, and advanced medical directives were prepared for seniors who otherwise would not have had these critical legal documents. Furthermore, the Legal Services to the Elderly Program began doing home visits on a more frequent basis to ensure that home-bound seniors would be able to receive critical legal services. Through going to senior centers the Legal Services to the Elderly Program reached out to a large population of seniors who, although connected to the aging network, were often not receiving legal services due to lack of access to attorneys. Furthermore, with the high number of cases still coming in every day through LSEP’s intake line there was simply not enough resources to dedicate to the needs of newly identified group of seniors in need of legal services. Fortunately, two dedicated attorneys, Christie Church and Eleanor Dayhoff-Brannigan, who had both been recently admitted to the bar, gave their time several times a week doing client consultations at senior centers. As a result of their efforts, Legal Services to the Elderly expanded consultations to additional senior centers including John Booth Senior Center and Hatton Senior Center, while maintaining the work done at Oliver Senior Center. These efforts did not go unnoticed, and the Bar Association of Baltimore City and the Baltimore Bar Foundation were invited to submit a joint grant proposal to the Harry and Jeanette Weinberg Foundation, Inc. to provide legal services at senior centers and for home-bound seniors. Starting in October 2011, thanks to a two year fifty thousand dollar grant from the Harry and Jeanette Weinberg Foundation, LSEP was able to establish a fellowship for an attorney to continue and greatly expand the necessary work of providing client consultations at senior centers and in a community based setting. On April 16, 2011, LSEP held its 20th Annual Law Day for Seniors event. Law Day, held every April at the Wabash District Courthouse, gives seniors the opportunity to listen

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to leading practitioners explain areas of law relevant to seniors. For the 20th law day event elder law attorneys Jason Frank of Frank, Frank and Scherr, LLC and Kevin Bress of Hodes, Pessin & Katz, P.A. helped seniors understand what they need to know about planning for long term care for themselves and their families. In addition, seniors learned from Assistant State’s Attorneys Tracy Varda and Piper McKeithen of the Economic Crimes Division of the State’s Attorney’s Office for Baltimore City how to avoid becoming the victims of fraud and other economic crimes. When representing indigent seniors facing abuse and neglect creative methodologies and strategies are often necessary to overcome the lack of resources available to private clients in litigation. Frequently, however, just having an attorney affirmatively stand up to an unscrupulous party will make all the difference. In one case, LSEP was contacted by Adult Protective Services regarding a woman in an assisted living home who was told by the owner of the assisted living home to either sell her residence to pay her bills or be kicked out of the assisted living home. Moreover, the owner was also a licensed real estate broker and had coerced the assisted living resident into signing a brokerage contract authorizing the assisted living owner to list the house at a substantial discount. When confronted in writing by an attorney the assisted living home owner immediately agreed to rescind the brokerage contract and Adult Protective Services was able to move the senior to a more appropriate assisted living facility. For home-bound seniors the problems can be greater. In one instance a terminally ill home-bound woman was being abused at the hands of her granddaughter who resided with her. The senior was unable to come to come to court to testify at a protective order hearing against her granddaughter. LSEP was able to obtain the protective order by having the client testify by phone from her home. If you are interested in volunteering to help Legal Services to the Elderly fulfill its critical mission of assisting Baltimore City seniors please call us at (410) 396-5277.

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Probate in Maryland

Mary Alice Smolarek, Esquire Wright, Constable & Skeen LLP

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Probate is the supervised transfer of assets after the owner’s death. The probate process in Maryland is supervised by the local Register of Wills and Orphans’ Court. Only assets that were owned solely by the decedent without an effective beneficiary designation are included in the probate process. Property owned jointly with rights of survivorship are excluded from the probate process. Assets owned in trust, even trusts created by the decedent, are also excluded from the probate process. Assets with beneficiary designations, property owned jointly and assets held in trust are examples of property that pass outside of the probate process. The Estate and Trust Article of the Annotated Code of Maryland and Title 16 of the Maryland Annotated Rules govern probate administration in Maryland. An estate is opened after the death of an individual. If the decedent died after having executed a valid Last Will and Testament, the decedent is said to have died “testate.” Conversely if a decedent died without having executed a valid Last Will and Testament, the decedent is said to have died “intestate.” If a decedent died testate, the probate administration follows the directions contained in the Last Will and Testament. If a decedent died intestate, the probate administration follows the Maryland statutory provisions. Title 3, subsection 1 of the Estates and Trusts Article of the Maryland Code contains the distribution provisions in the event of intestacy. The Register of Wills oversees the administration of estates that are not subject to judicial administration, called “administrative probate.” The Orphans’ Court oversees all estates subject to judicial administration (contested estates) called “judicial probate,” and also approves administration

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accounts and approves Personal Representative commissions and attorneys’ fees. The Orphans’ Court has authority over matters involving the validity of wills and the transfer of estate assets. The Orphans’ Court has limited jurisdiction, therefore, questions of title generally are transferred to the Circuit Court. The Orphans’ Court has jurisdiction to determine whether personal property is includible in an estate so long as the value of the property does not exceed $50,000#. Generally probate proceedings are opened under “administrative probate.” Judicial probate refers to situations where the will is not clear, or the will does not have a proper attestation clause. Judicial probate is also the procedure for challenging a determination made in the “administrative probate” proceeding, such as a determination of intestacy if a later will is discovered, or a challenge to the appointment of a Personal Representative. Judicial probate is also the procedure by which a creditor asserts a right to be appointed Personal Representative. If a decedent dies in Maryland with a valid Last Will and Testament, the individual named in the will files the original will with the Register of Wills along with the Petition for Probate and a death certificate. The individual seeking to be Personal Representative must also post a bond at the time the petition is filed. If the will waives bond then a nominal bond is still required. If the will fails to waive bond or if there is no will, the beneficiaries (all of them) may waive bond and then a nominal bond is required. If a beneficiary does not agree to waive bond then a general bond must be acquired which covers the estimated value of the entire estate. The cost of the bond is an expense paid from the assets of the estate. If a decedent dies without a valid will, then the Petition for Probate is filed by a relative, friend or a creditor pursuant to a hierarchy established under the Annotated Code of Maryland Estate and Trust Article, Section 5-104. Not surprisingly the first person having priority is anyone appointed by the will admitted to probate. If there is no such person, then the priority is the spouse and children of an intestate decedent or the spouse of a testate decedent, then the residuary legatees, then the order changes to only those persons who have a

pecuniary interest in the estate, for example, children of a testate decedent who are entitled to share in the estate. Similarly next are the grandchildren, then the parents, then brothers or sisters who are entitled to share in the estate. If none of these are able to serve, then other relations who apply for administration and finally creditors of the decedent are entitled to appointment. Letters of Administration may not be granted to a person who is under the age of 18, is mentally incompetent, has been convicted of a serious crime or is not a citizen of the United States unless the person is the spouse of the decedent and a permanent resident of the United States.# A full time judge, a clerk of the court, a register may not be appointed Personal Representative unless they are the surviving spouse or are related to the decedent within three degrees.# A parent who is deemed to have abandoned a child or willfully failed to support the child is not eligible for appointment as Personal Representative.# A financial institution can be designated to serve as a Personal Representative under a will. A law firm cannot serve as Personal Representative. The Register of Wills must follow the order of priority set in the statute. Within a class the Register has discretion to appoint one or more of members within the same class, but all Personal Representatives named in the will are entitled to appointment.# If members of a higher class consent to the appointment of a lower class member to serve, the Register can appoint the lower class member as Personal Representative.# In order for a non-resident of Maryland to be eligible to serve they must appoint an appropriate person within the state to receive service of process.# Every non-resident Personal Representative must appoint a resident agent to receive service even if a co-Personal Representative is a resident. The Register of Wills reviews the Petition for Probate and the original Will and if everything is in order, issues Letters of Administration. The Letters of Administration are the Personal Representative’s badge of authority to represent the estate and to deal with the probate estate’s assets.

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An estate is a separate entity distinct from the decedent for tax purposes. Therefore, the Personal Representative must secure a tax identification number from the IRS for the estate. A new checking account should be opened in the name of the estate with the new tax identification number. Included with the Petition for Probate is a Notice to Creditors. This Notice to Creditors is printed in a newspaper of general circulation for the locality where the decedent resided. The Notice tells creditors that they have six months from the decedent’s death to file claims against the estate. Only unsecured creditors need to file claims. A creditor with a mortgage or secured lien against property (such as a car loan) does not need to file a claim in order to preserve their right to satisfy their secured interest against the property, however, if they believe that the outstanding debt exceeds the value of the security, they can file a timely claim against the estate to pursue collection from the estate. A creditor who files a claim later than six months after the decedent’s death is not entitled to payment from the estate.# A Personal Representative is a fiduciary charged with the general duty to settle and distribute the estate of a decedent in accordance with the terms of the decedent’s Last Will and Testament and applicable Maryland law.# A Personal Representative’s obligations are to administer the estate and consider the interests of all interested persons and creditors. The standard of care required of a fiduciary includes: 1) The exercise of the care, skill and diligence of a reasonably prudent person dealing with his or her own property; 2) The exercise of good faith and loyalty to all beneficiaries; 3) The lack of self-dealing; 4) The exercise of reasonable watchfulness over investments; and 5) The maintenance of full, accurate, and precise records. In fulfilling these obligations, as a general rule, the Personal Representative must complete, at a minimum, the following tasks: 1. Probate of the Will (formally open the estate);

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2. File the List of Interested Persons within twenty (20) days of appointment as Personal Representative; 3. Assemble all assets of the estate; 4. Obtain appraisals or valuations of all assets of the decedent, including valuations of non-probate assets; 5. Within three (3) months of appointment, file the Inventory and Information Report of the estate; 6. Act on all claims filed by creditors against the estate; 7. Maintain accurate books and records for the estate and invest all assets in a prudent manner; 8. File Administration Accounts for the estate when due, accounting for all assets passing through the hands of the Personal Representative; 9. Make various tax elections in connection with income tax returns for the estate such as choice of fiscal year, use of administration expenses, timing of distributions, and timing for closing of estate; 10. File Federal estate tax return if gross estate exceeds the personal exclusion amounts set by Congress and make various elections, such as the use of alternate valuation, use of administration expenses as deductions, and payment of tax in installments, if applicable; 11. File Maryland estate tax return if gross estate exceeds $1,000,000; 12. File decedent’s final income tax returns with IRS and Comptroller of Maryland; 13. File federal and Maryland income tax returns for the estate; and 14. Make distribution of estate assets to beneficiaries through the preparation of deeds, assignments, distri-

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bution checks, etc. Within 20 days of filing the Petition for Probate, the Personal Representative must file with the Register of Wills a List of Interested Persons. The List of Interested Persons includes the names of all persons, including institutions and charities, named in the will. It also includes all relatives who would inherit if no will existed. The Register of Wills then sends a certified notice to each individual listed on the List of Interested Persons (except the Personal Representative). The notice states that an estate has been opened for the decedent and gives information about whom to contact regarding the estate. The certified mail is an expense paid by the estate. Beneficiaries must be made aware that while the estate will ultimately be distributed to them, their inheritance is not the first priority of the estate. Many matters must be determined before the Personal Representative can even estimate what the ultimate distribution will be from the estate. If there are insufficient assets to cover the claims against the estate, §8-105, Estates and Trusts Article sets out the priorities of payment. Fees to the Register of Wills are first. Costs of administration (notice to creditors, bond) are second. Third are funeral expenses. Fourth is compensation to Personal Representative, legal fees and real estate brokers’ fees. Fifth is the family allowance, then taxes, then medical bills, etc. It is the Personal Representatives obligation to make sure that all taxes, creditors and claims are paid before any distribution to the beneficiaries under the Last Will and Testament or intestate heirs receive distribution. Under Maryland statute# the surviving spouse is entitled to $5,000 for personal use and each minor, unmarried child of the decedent is entitled to $2,500. The child’s share does not automatically go to the surviving parent. If the child resides with someone other than the parent the child’s share may go to the person with whom the child is living.# These amounts can be paid as soon as the Personal Representative ascertains that there will be sufficient assets in the estate to pay creditors.

Separately, Maryland statute has a survivorship provision that requires individuals receiving a distribution from the estate to survive the decedent by thirty (30) days.# The decedent’s Last Will and Testament may provide a different period of time. Thus, even if sufficient assets exist to pay taxes, creditors and the family, the Personal Representative should not pay specific bequests to individuals or make advances from the estate until the survivorship period has passed. This survivorship rule does not apply to the surviving spouse. In Maryland, the surviving spouse is given the right to elect his or her statutory elective share in lieu of the testamentary share the spouse would receive.# The surviving spouse has until the later of nine (9) months from the date of the decedent’s death or six (6) months from the date of appointment of the Personal Representative to elect to take an elective share.# If the surviving spouse elects his or her share, the spouse receives one-third of the net probate estate if there are surviving issue of the decedent and one-half of the net probate estate if there is no surviving issue. This right is in addition to any assets the surviving spouse may receive outside of the probate proceeding such as life insurance proceeds, retirement accounts, and jointly owned property. However, absence a showing of fraud, the surviving spouse has no right to receive a portion of assets transferred outside of the probate proceedings. In Knell v. Price, 318 Md. 501, 569 A.2d 636 (1990) and Karsenty v. Schoukroun, 406 Md. 469 (2008), the Court of Appeals set out considerations in determining what transfers would constitute a fraud against marital rights. This right substantially effects the distribution to the remaining beneficiaries and until the requisite time has passed the Personal Representative cannot determine the distribution of the estate. In an effort to provide certainty to heirs, Maryland has a limitations period for creditors of the estate. Generally, the limitations period is six (6) months from the date of death of the decedent or two (2) months from the date the Personal Representative mails notice to the creditor.# Since there may be unknown creditors, the six (6) month period is the longest period of time during which

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new creditors may make a claim against the estate and the shortest time that the Personal Representative can reasonably know the extent of the decedent’s debts. Another Maryland statutory provision that effects the timing of the distribution of the estate is the right to caveat a will under §5-207 of the Estates and Trusts Article of the Annotated Code of Maryland. A person interested in the property of the decedent has the right to petition to caveat (set aside) the will entered into probate. The period of limitations for petitioning is six (6) months from the date of the appointment of the Personal Representative.# This again delays the time for distributions because the Personal Representative cannot with certainty know that a challenge to the Last Will and Testament will not be raised until the period of time has concluded. The Personal Representative is responsible for protecting the assets of the estate not just for the benefit of the beneficiaries but for all parties having an interest in the estate including the creditors of the estate. There are frequently times when the Personal Representative will feel comfortable and confident enough in the liquidity of the estate to make interim distributions to the beneficiaries. If an estate tax return is required to be filed, the Personal Representative will often make partial distribution of the estate at that time (9 months after the decedent’s death). At that time the Personal Representative should have a fairly accurate view of the liabilities of the estate and the period of time for challenging the will or filing the elective share will have passed. The Personal Representative will retain a sufficient portion of estate assets to cover additional administration expenses and the possible increase in estate taxes on audit. The amount of reserve retained will depend on the assets in the estate and the comfort level of the Personal Representative. The Personal Representative is not obligated to distribute assets prior to the ultimate disposition of the estate which includes a closing letter from the IRS and the approval of the final administration account by the Orphans’ Court. In an estate where the family members are antagonistic to each other, the Personal Representative may be best served to wait until the authorities approve final disposition.

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Baltimore Senior Centers Action In Maturity 3900 Roland Avenue, Baltimore, MD 21211 410-889-7915 Allen Center Grace United Church 1404 S. Charles Street, Baltimore, MD 21230 410-685-6224

Oliver Senior Center 1700 North Gay Street, Baltimore, MD 21213 410-396-3861

Cherry Hill Senior Life Center 606 Cherry Hill Road, Suite 201, Baltimore, MD 21225 410-354-5101

Sandtown Winchester Senior Center 1601 Baker Street, Baltimore, MD 21217 410-396-7724 Senior Network of North Baltimore 5828 York Road, Baltimore, MD 21212 410-323-7131

Edward A. Myerberg Senior Center 3101 Fallstaff Road, Baltimore, MD 21209 410-358-6856

Southwest Senior Center 1200 W. Baltimore St., Baltimore, MD 21223 410-566-1311

Forest Park Senior Center 4801 Liberty Heights Avenue, Baltimore, MD 21207 410-466-2124

Waxter Center for Senior Citizens 1000 Cathedral Street, Baltimore, MD 21201 410-396-1324

Greenmount Senior Center 425 E. Federal St., Baltimore, MD 21202 410-396-3552

The various Senior Centers located throughout Baltimore City are an excellent primary resource for helping obtain needed non-legal services (including dietary and nutritional needs) for senior citizens. For further information regarding services available to seniors please contact the Waxter Center for Senior Citizens at (410) 396-1324 or Benjamin M. Grossman, Esquire, Director of Legal Services to the Elderly, Bar Association of Baltimore City at (410) 396-5277 or via email bgrossman@baltimorebar.org.

Harford Senior Center 4920 Harford Road, Baltimore, MD 21214 410-426-4009 Hatton Senior Center 2825 Fait Avenue, Baltimore, MD 21224 410-396-9025

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Around the Office

Robert R. Bowie, Jr. and Mark T. Jensen are pleased to announce that Matthew G. Hjortsberg has been elected as Managing Member of Bowie & Jensen, a business law firm in Towson. Mr. Hjortsberg is a member of the firm’s litigation department. His practice is concentrated on contract disputes and construction litigation as well as claims arising out of business break-ups. Mr. Hjortsberg is active in the community and is serving as President of the Maryland Chapter of the Leukemia and Lymphoma Society. Mr. Hjortsberg lives in Towson with his wife and two daughters.

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Adelberg, Rudow, Dorf & Hendler, LLC Member Jerald B. Lurie was installed as executive vice president, planning for Temple Oheb Shalom. This is Mr. Lurie’s third time as an Oheb Shalom vice president, having previously served as development vice president and executive vice president for operations. In addition to his role as an officer, he also will continue to serve as Legal Counsel to the Temple. Mr. Lurie concentrates his practice in the areas of business, real estate, employment, intellectual property, health care and tax law. He joined ARD&H in 1982 and currently chairs its business section.

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advises domestic & international clients regarding privacy and data security matters including cross border transfers, licensing and related technology transactions,outsourcing,e-Commercetransactions, and emerging issues with social media. She assists businesses in a wide spectrum of industries in the development, implementation and management of intellectual property asset strategies, helping them to manage the exploitation and commercialization of their intellectual property assets and all facets of technology transactions. Ms. Katz has been named to Best Lawyers In America for Information Technology Law since 2009.

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The National Federation of the Blind and Brown,Goldstein & Levy, LLP are very proud to announce that Dr. Marc Maurer, president of the National Federation of the Blind, and Daniel F. Goldstein, a partner at Brown, Goldstein & Levy in Baltimore received the American Bar Association’s 2011 Paul G. Hearne Award for Disability Rights. This award is presented each year to an individual who has made significant contributions to further the rights, dignity, and access to justice for people with disabilities.

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Norman E. Parker, Jr., of counsel in the Public Finance Department in the Baltimore office of Ballard Spahr, has been elected vice chair of the Board of Directors of the Elijah Cummings Youth Program in Israel (ECYP). ECYP is an elite two-year fellowship for rising high school juniors that fosters Baltimore’s next generation of leaders by building bridges between African-American and Jewish communities.

Jon Laria, Managing Partner of Ballard Spahr’s Baltimore Office, has been selected for the 2011 Leadership in Law award by The Daily Record. The Leadership in Law award recognizes members of the legal community who have devoted time and energy towards bettering the profession and their communities, and have played an important role in mentoring future professional and community leaders.

The law firm of Gordon, Feinblatt, Rothman, Hoffberger & Hollander, LLC is pleased to announce that Martha Lessman Katz has joined the Firm as a Member in the Intellectual Property & Technology and Business Law Practice Groups. Ms. Katz

Bar Association of Baltimore City past president Mark F. Scurti with Hodes, Pessin & Katz, P.A., was recognized as Maryland Volunteer Lawyers “Volunteer of the Year” for 2011.

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Calendar of Events BABC Events Calendar; State, Local, Specialty Bar & Non-Profit Association Events; Around Town Events

BABC Events Calendar

November 2, 2011 Group Admission to the Supreme Court November 8, 2011 YLD Council Meeting – 12:00 noon November 9, 2011 Legal Services to the Elderly 20th Anniversary Celebration November 11, 2011 Veteran’s Day – Bar Headquarters Closed November 16, 2011 Executive Council Meeting – 12:00 noon November 19, 2011 Adoption Day Program November 22, 2011 17th Annual Past Presidents’ Luncheon November 24-25, 2011 Thanksgiving Holiday – Bar Headquarters Closed

December 13, 2011 YLD Annual Holiday Party for Homeless Children December 14, 2011 Executive Council Meeting – 12:00 noon December 21, 2011 Baltimore Bar Foundation Board of Trustees Meeting – 12:00 noon December 26, 2011 Christmas Day Observed – Bar Headquarters Closed

State, Local, Specialty & Non-Profit Association Events

November 29, 2011 Women’s Bar Association Rita C. Davidson Award Dinner www.wba-md.org December 5, 2011 Maryland Legal Services Corporation Annual Awards Reception 5:30 p.m. www.mlsc.org

November 20, 2011 Baltimore Bar Foundation Grant Application Deadline February 18-25, 2012 Maryland State Bar Association Midyear Meeting, December 1, 2011 Panama Lawyer Referral and Information Service Annual www.msba.org Appreciation Lunch December 8, 2011 Annual Holiday Party Sponsored by the Young Lawyers’ Division

June 13-16, 2012 Maryland State Bar Association Annual Meeting, Ocean City www.msba.org

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May 4-5, 2012 Women’s Bar Association Annual Meeting www.wba-md.org

Around Town Events

November 5-6, 2011 Maryland Green Show, Maryland State Fairgrounds November 12-13, 2011 Maryland Irish Festival, Maryland State Fairgrounds November 13, 2011 Restoration Run 2011, Meadowood Park (8:00 a.m.) November 20-27, 2011 Bar Kocva Israeli Art Expo, Weinberg Park Heights JCC-Straus Auditorium November 24, 2011 Y of Central Maryland Turkey Trot, various locations Baltimore’s Thanksgiving Parade November 25, 2011-December 31, 2011 First day of Holiday Festival of Toys and Trains, B&O Railroad Museum November 26, 2011 First day of lights on 34th Street in Hampden NCR Trial Marathon (9:00 a.m.)

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December 4, 2011 Mayor’s Annual Christmas Parade in Hampden December 7, 2011 – January 18, 2012 The Lion King, Hippodrome Theatre at The France-Merrick Performing Arts Center December 17, 2011 Celtic Solstice Five Miler, Druid Hill Park December 28, 2011 Kwanzaa Family Day at the Baltimore Museum of Art (1:00 p.m. to 5:00 p.m.) December 31, 2011 New Years Eve at Inner Harbor January 16, 2012 Baltimore Martin Luther King Parade January 20-29, 2012 Baltimore Restaurant Week January 27-30, 2011 Baltimore Boat Show, Baltimore Convention Center

(301)- 977-8002

December 1, 2011 A Monumental Occasion, the lighting of Baltimore’s Washington Monument (5:30 p.m. to 12:00 a.m.) December 3, 2011 College of Notre Dame of Maryland Holiday Bazaar (8:30 a.m. to 1:30 p.m.) December 3-4, 2011 East Coast Indoor Nationals Car Show, Maryland State Fairgrounds

www.CreativeDisputeResolutions.com the barrister

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New Members January 2011 – October 2011 Jay Abarbanel , Esq. Angela Alexander , Esq. Edward L. Armstrong , Esq. Edward V. Arnold , Esq. Lindsey Balogh , Esq. Mary Bearden , Esq. Hendrick Bedigian , Esq. Marc Bentzen , Esq. Gregg L. Bernstein , Esq. Alicia Leibowitz Bickoff , Esq. Ronald L. Briggs, Jr. , Esq. Nicole K. Brown , Esq. Jessica P. Butkera , Esq. Andrew W. Capelle , Esq. Himedes V. Chicas , Esq. Deena Cooper , Esq. Laura T. Curry , Esq. Michelle R. Daley , Esq. Eleanor Dayhoff-Brannigan , Esq. Pamela J. Diedrich , Esq. Molly K. Eagen , Esq. Elliott Engel , Esq. Yulia Fedorovaj, Law Student A. Simone Fields , Esq. Ashley Gaudiano, Law Student Sara Gillmer , Esq. Joseph K. Githuku , Esq. Melissa Goldmeier Laurie B. Goon , Esq. Renee C. Guckert , Esq. Jonathan Harris, Law Student Hobbs Horak , Esq. Erynn Huff , Esq. Carol Johnson , Esq. Ricardo R. Johnson , Esq. Joshua H. Joseph , Esq. Joshua Kahn, Law Student Christian W. Kintigh , Esq. Nicole Lauren Zeichner Larin , Esq. Amy Beth Leasure , Esq. Kory H. Lemmert , Esq. Patricia M. Lesnick , Esq. Jennifer S. Lubinski , Esq. David N. Mabrey , Esq. Kevin B. Mattingly , Esq. Yoanna X. Moisides , Esq. Frank Muher , Esq. Nikola Nable-Juris, Law Student Caitlin Kelly Nicholl , Esq. Kerry A. O’Neill , Esq. Joseph Owens ,Esq. Jaymin Parekh , Esq.

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Research & Practice Tips By J.W. Bennett, David Gutierrez & David S. Goldberg Joseph M. Peterson , Esq. Shawn Poe, Law Student Susannah Prucka , Esq. Merrilyn Ratliff , Esq. Neerja Razdan , Law Student Matthew P. Reinhart , Esq. Yosef C. Salazar , Esq. Michelle R. Sawyer , Esq. Matthew Schroll , Esq. Peter W. Sheehan, Jr., Esq. Patrick Sheridan , Esq. Anna Skelton , Esq. Callie L. Smith , Esq. Patrick Carey Smith , Esq. Nicholas C. Sokolow , Esq. Matthew Somers , Esq. Sahmra A. Stevenson-Smith , Esq. Rachel Stewart , Esq. Kelly Swanston , Esq. Ashley Tinnell, Law Student Thomas J. Visone , Esq. Mary Elizabeth Watkins , Esq. Darren H. Weiss, Esq. Justin Williams , Esq. David Earl Williams. Jr., Esq. Thomas McCray Worrall , Esq. Jonathan Evan Yoffe , Esq. David B. Aldouby , Esq. Chris Balabar, Esq. Yedidyah Charner , Esq. Rachel Cogen , Esq. Tiffani Sterrette Collins , Esq. Marnell A. Cooper , Esq. MyEsha Craddock , Esq. Marc J. Hassan , Esq. Victoria Heyliger , Esq. Kathryn Hickey , Esq. Pamela Candice Klecan , Esq. Alan C. Lazerow , Esq. Kristen Koterwas Marengo , Esq. Ben Martie , Esq. Jeffrey R. Maylor , Esq. Douglas E. Nivens, II , Esq. C.J. Persson , Esq. Julie Reamey , Esq. Katherine Ross , Esq. Tremaine Q. Ross, Esq. April Samols , Esq. Michael Christopher Stone , Esq. Ann Doherty Ware , Esq. Aileen B. Xenakis , Esq. Robert D. Yeager, Esq.

LexisNexis Research Tip: Search by Topic or Headnote With just one search, Search by Topic or Headnote allows you to easily access on-point results for your topic and ensure that you are searching across only relevant sources: expert analysis from Matthew Bender® content, as-well-as cases codes, law reviews and more. ●Simplified interface allows you to choose single or multiple jurisdictions, multiple sources,

and further search terms to narrow your topic. ●Behind-the-scenes search—A background search ensures that the sources that appear on the Select Sources screen are relevant to your topic—you then have the flexibility of choosing specific sources from the list. ●Clearly defined results—sets appear by content types so you can choose which sources you want to explore further. David Gutierrez, LexisNexis, david.gutierrez@lexisnexis. com, 443-804-7113

There are many excellent sources that can be utilized when researching issues involving estate planning, guardianship and elder law. If you are an individual who does not do a great work in these areas, a good way to garner background information is through utilization of the Maryland Law Encyclopedia. Among the articles in the M.L.E. that would merit examination are Estates; Ex-

ecutors And Administrators; Guardian And Ward; and Wills. A second set of materials that must not be overlooked are the Uniform Laws Annotated. These laws, promulgated by the National Conference of Commissioners on Uniform State Laws have been collected and published by West in a multi-volume set. Included in the volumes on Estate, Probate Continued on next page.

Join the BABC’s Young Lawyers’ Division at the 2011 Jingle Bell Run/Walk® Get in the spirit of the holiday season at the 2011 Jingle Bell Run/Walk to benefit the Arthritis Foundation. Be one of the thousands of runners and walkers to fight the nation’s most common cause of disability. This is a fun and festive way to kick off the holidays by helping others. Holiday themed costumes are welcome. Add jingle bells to your shoelaces!! Register or donate by clicking here. Race Details: Race day: Sunday, December 11, 2011 Start time: 9:00 a.m. Location: DuBurns Arena, 1301 S. Ellwood Ave., Baltimore, MD YLD Gathering After Race: Claddagh’s Irish Pub, 2918 O’Donnell St., Baltimore, MD YLD Contact: Josh Caplan (jcaplan@lawpga.com or call

(410-951-7182) “When I ran the Jingle Bell Run/Walk® three years ago, the event was well attended and had a very festive atmosphere largely due to the many runners who wore holiday themed outfits. Accordingly, I encourage all BABC members to dress up, or at the very least, add jingle bells to their shoelaces. There is something encouraging about running along to the sound of jingle bells. The Jingle Bell Run/Walk® starts and stops at the DuBurns Arena in the Canton neighborhood of Baltimore. When I ran the race it actually finished inside the DuBurns Arena where everyone gathered to cheer on the runners. Hopefully this year there will be a large number of BABC members to celebrate with fellow BABC members at the finish line.” -Carrie M. Freeman, Editor in Chief

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And Related Laws are the Uniform Probate Code; Anatomical Gift Acts; Disclaimer of Property Interests Acts; Durable Power of Attorney Act; Nonprobate Transfers on Death Act; Simultaneous Death Acts; Testamentary Additions to Trusts Acts; Transfers to Minors Act; Unclaimed Property Acts; and the Veterans’ Guardianship Act. Check the front of each Act or the Estates and Trusts Article of the Maryland Code to determine whether a particular Act has been adopted in Maryland. Another priceless resource is the Restatement Second, Trusts as well as the Restatement Third, Trusts. The merit of these works is seen in the foreword to the Restatement Third where it states: “The principles restated in these volumes have two main themes. One is to make it easier to accomplish the settlor’s intentions…The second is to recognize appropriate authority…”

Although there are many fine works on Maryland law in the area of estate planning, guardianship and elder law, there are four that I think are particularly meritorious. The first, is of course, “Gibber On Estate Administration” by Allan J. Gibber, Esq. A second very fine work is “Maryland Estate Planning, Wills And Trusts Library: Forms And Practice Manual” by Aryeh Guttenberg. “The Maryland Guardianship Benchbook” by Prof. Joan L. O’Sullivan and Andrea I. Saah, Esq. is described on its title page as “The Practitioner’s Guide to Adult Guardianship Alternatives in Maryland.” Finally, in the area of elder law there is “Elder Law In Maryland” by Jason A. Frank.

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Lastly, there are many fine law reviews and journals pertaining to estate planning, guardianship and elder law. Most are available through Westlaw’s journals and law reviews database. This database, as with all the works mentioned in this article, are available at the Baltimore Bar Library.

PRACTICE TIP - KEEPING CLIENTS 1. Return all calls yourself within 48 hours. 2. I always send clients calendars at Christmas thanking them for their business. If it is a really good client, I also have a bottle of Asti Spumante delivered to them. 3. Call or send clients "status" letters when a case is inactive for 60 days or more. 4. If you lose a case or get a less than perfect result, call the client and follow up with a letter outlining the times and limitations for appeal. 5. Be very careful about where things get mailed, especially in Domestic cases. 6. When estimating completion dates, double the estimated time required and finish before that date if you can. Even if you can’t, call the client and let them know. If they need it faster, maybe they have to go somewhere else. 7. At Weddings, Birthday Parties, if someone asks a question - suggest they come into the office. 8. Remind the staff in the firm that they can also refer their friend’s legal matters to the firm. 9. Dump the dogs. Its not worth it. Every time I violate this rule, I regret it.

Estate Planning Practice Tip One way to add value for your estate planning client is to show them where they can get free advanced directives. There are many advanced directives that are available online for free, such as http://www.oag.state.md.us/Healthpol/adirective.pdf, that you can direct your estate planning client to instead of drafting the advanced directive

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Circuit Court for Baltimore City Revised Assignment of Judges January 3, 2011 through December 30, 2011 (Updated: June 3, 2011)

**Judge Tanner will be selecting a courtroom after Jan. 1, 2011

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T H E B AR A S S O C I AT I O N O F B ALT I M O R E C I T Y C O N T I N U I N G L E G AL E D U C AT I O N C O M M I T T E E P RESENTS

The Bar Association of Baltimore City Young Lawyers’ Division Announces Its Annual

HOLIDAY PARTY FOR CHILDREN RESIDING AT SHELTERS FOR THE HOMELESS at the Maryland Science Center Tuesday, December 13, 2011 5:00 - 9:30 p.m.

Help make the holidays brighter for Baltimore’s children by contributing to the party that brings children and their parents to the Maryland Science Center for entertainment, a hot meal, a visit with Santa and holiday gifts. This party relies on the generosity of the Baltimore legal and business community for volunteers and contributions. DONATIONS NEEDED BY DECEMBER 8, 2011 Tax deductible donations:

Please make checks payable to Baltimore Bar Foundation and send to: Baltimore Bar Foundation, Inc. (Attn: 2011 Holiday Party for Homeless) 627 Courthouse East 111 N. Calvert Street Baltimore, Maryland 21202

(Donations are tax deductible to the extent allowed by law. The Baltimore Bar Foundation is registered with the Office of the Secretary of the State.)

VOLUNTEERS NEEDED THE DAY OF THE PARTY Tuesday, December 13, 2011, between 4:30 and 9:30 p.m. Maryland Science Center If you are able to assist for any period of time please contact: Public Service Committee Co-Chairs, Josh Caplan, (410) 951-7182, jcaplan@lawpga.com or Seth Greer, (410) 396-4140, seth.greer@baltimorecity.gov

WE APPRECIATE YOUR GENEROSITY IN MAKING THE HOLIDAYS A SPECIAL TIME FOR THESE CHILDREN

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Tuesday November 29, 2011 504 Clarence Mitchell Courthouse, Room 504 (Bar Library’s Brown Room)

8:00 a.m. Registration and Continental Breakfast

Everything You Need to Know About Representing DUI Clients in Maryland Courts and Before the Office of Administrative Hearings Presenters

Arthur S. Alperstein, Esquire

Alperstein & Diener, P.A. Former Vice Chair, Judiciary Committee, MD House of Delegates and Former Chair, Motor Vehicle Laws Subcommittee

The Honorable J. Bernard McClellan

8:30 - 11:30 a.m. Program

Executive Administrative Law Judge Director of Quality Assurance Office of Administrative Hearings

The Honorable Joan Bossmann Gordon

11:30 - 12:00 Noon Questions & Answers For information, contact The Bar Association of Baltimore City 410-539-5936 email info@baltimorebar.org

District Court of Maryland for Baltimore City

John “Jack” Mitchell, Esquire

Assistant State’s Attorney Office of the State’s Attorney for Baltimore City

Detective Patty Silver Bauer

Baltimore Police Department Crash Team and Former Instructor in DUI for the Baltimore Police Academy

Space is limited, register early!

Representing DUI Clients in Maryland - Tuesday, November 29, 2011 Name___________________________________________________________Phone_____________________ Address __________________________________________________Email ____________________________ ____I am a BABC member and would like to register - Regular members $30/YLD Members $15 ____I am a non-member and would like to register - $60 ____I am interested in Bar membership. Please contact me. I am making payment by ___Check ___Credit Card in the amount of $___________ Please charge my Visa__MC__#_________________________________Exp.Date_________V-Code____ Signature_________________________________________________ Registration also available online via our homepage at www.baltimorebar.org. Return by November 21, 2011 to: The Bar Association of Baltimore City, 111 N. Calvert Street, Suite 627, Baltimore, Maryland 21202, fax to 410-685-3420, or email to info@baltimorebar.org. For information, call 410-539-5936.

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Young Lawyers’ Division of The Bar Association of Baltimore City & The Maryland Lawyers’ Campaign Against Hunger

Please Join us for a Happy Hour in support of The Maryland and Capital Area Food Banks Thursday, November 17, 2011 5:30 – 8:00 p.m. Ropewalk Tavern 1209 South Charles Street Baltimore, MD 21230

Donate $5.00 to The Maryland Food Bank and enter to win a $25.00 Ropewalk Gift Card Free appetizers for all & Drink Specials. Come and bring a colleague! RSVPs requested to nlentini@semmes.com

Join the BABC’s Young Lawyers’ Division at the 2011 Jingle Bell Run/Walk® Get in the spirit of the holiday season at the 2011 Jingle Bell Run/Walk to benefit the Arthritis Foundation. Be one of the thousands of runners and walkers to fight the nation’s most common cause of disability. This is a fun and festive way to kick off the holidays by helping others. Holiday themed costumes are welcome. Add jingle bells to your shoelaces!! Register or donate by clicking here. Race Details: Race day: Sunday, December 11, 2011 Start time: 9:00 a.m. Location: DuBurns Arena, 1301 S. Ellwood Ave., Baltimore, MD YLD Gathering After Race: Claddagh’s Irish Pub, 2918 O’Donnell St., Baltimore, MD YLD Contact: Josh Caplan (jcaplan@lawpga.com or call

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(410-951-7182) “When I ran the Jingle Bell Run/Walk® three years ago, the event was well attended and had a very festive atmosphere largely due to the many runners who wore holiday themed outfits. Accordingly, I encourage all BABC members to dress up, or at the very least, add jingle bells to their shoelaces. There is something encouraging about running along to the sound of jingle bells. The Jingle Bell Run/Walk® starts and stops at the DuBurns Arena in the Canton neighborhood of Baltimore. When I ran the race it actually finished inside the DuBurns Arena where everyone gathered to cheer on the runners. Hopefully this year there will be a large number of BABC members to celebrate with fellow BABC members at the finish line.” -Carrie M. Freeman, Editor in Chief

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